Chandigarh

DF-I

CC/452/2016

Anoop Kaura - Complainant(s)

Versus

Air Asia - Opp.Party(s)

Sukaam Gupta

20 Dec 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	CC/452/2016
Date  of  Institution	:	21/06/2016
Date   of   Decision	:	20/12/2016

 

 

 

 

 

[1]  Anoop Kaura S/o Sh. Manmohan Nath Kaura, resident of House No. 401, GH-7, Sector 20, Panchula.

 

[2]  Manju Kaura W/o Sh. Anoop Kaura, resident of House No. 401, GH-7, Sector 20, Panchula.

 

[3]  Namita Kaura D/o Sh. Anoop Kaura, resident of House No. 401, GH-7, Sector 20, Panchula.

 

……… Complainants.

Versus

 

[1]  Air Asia, #54, 1^st Floor, MONARCH PLAZA, Brigade Road, Bengaluru – 560 001, through its Managing Director.

 

[2]  Randhawa Tours & Travels, SCO 38-39, Cabin No.2, Basement, Sector 17-A, Chandigarh, through its Proprietor.

……. Opposite Parties

 

BEFORE:   SH. S.K. SARDANA             PRESIDING MEMBER

          SH. RAVINDER SINGH           MEMBER

 

For Complainants	:	Sh. Sukaam Gupta, Counsel for Complainants.
For Opposite Party No.1	:	Ex-parte.
For Opposite Party No.2	:	Sh. Rajiv Kohli, Employee of Opposite Party No.2

 

PER S.K. SARDANA, PRESIDING MEMBER

 

 

          Put in brief, the facts of the case are that the Complainants booked air tickets from Chandigarh to Goa via Mumbai and return ticket from Kochi to Bangalore and from Bangalore to Chandigarh through Opposite Party No.2. The return flight was from Kochi to Bangalore on 04.10.2015 and the said flight was to depart at 11:40 A.M. and the connecting flight from Bangalore to Chandigarh and same was to depart from Bangalore at 03:45 P.M. on 04.10.2015 itself. It has been averred that the Complainants received a message from Opposite Party No.1 that the flight departing at 03:45 P.M. from Bangalore has been postponed to 08:30 A.M. and Complainants were asked to reach accordingly at Bangalore Airport as per the re-scheduled time. The Complainants at that time were at Allepy as they were on a Holiday and further requested that any Flight after 03:45 P.M. may be given to them, which the Opposite Party No.1 failed to oblige. Left with no other option, the Complainants immediately booked fresh tickets of Spice Jet Airlines from Kochi to Bangalore for 03.10.2014 departing at 1:55 P.M. Due to the act of the Opposite Party No.1 of preponing the flight at the last moment, the Complainants had to shell out Rs.18,276/- for fresh tickets, besides Rs.2,000/- for Taxi from Airport to Hotel and Rs.4,197/- towards lodging in the Hotel. It has been alleged that on reaching Chandigarh, when the Complainants approached the Opposite Party No.2 for refund of the tickets from Kochi to Bangalore, it flatly refused to refund the amount. The Complainants even contacted the Opposite Party No.1 at its Toll Free Number, but to no success. Hence, alleging the aforesaid act & conduct of the Opposite Parties as deficiency in service and unfair trade practice, the Complainants have filed the present Complaint.

 

2.      Notice of the complaint was sent to Opposite Parties seeking their version of the case. However, nobody appeared on behalf of Opposite Party No.1 despite service, therefore, it was proceeded ex-parte.

 

3.      Opposite Party No.2 resisted the complaint by filing its written reply, inter alia, pleading that it being booking agent/booking agency of the Opposite Party No.1 Airline had booked the tickets on behalf of the Complainants. The lapse, if any, was on the part of the Opposite Party No.1, who preponed the flight and did not accommodate the Complainants as per their request. It has been pleaded that on being approached by the Complainants, when the answering Opposite Party requested the Opposite Party No.1 to refund the amount, as per its rules/regulations, the Opposite Party No.1 apprised that the fare of flight in question was totally non-refundable and the said information had already been passed by it to the Complainant No.1. All other allegations made in the Complaint have been denied and pleading that there was no deficiency in service on its part, Opposite Party No.2 has prayed for dismissal of the complaint.

 

4.      Parties were permitted to place their respective evidence on record in support of their contentions.

 

5.      We have heard the learned Counsel for the Complainant and Sh. Rajiv Kohli, employee of Opposite Party No.2 (Opposite Party No.1 being ex-parte), and have also perused the record.
6.      The grievance of the Complainants is that due to change in the flight schedule by the Opposite Party No.1 in one of the connecting flights at the eleventh hour, they were left with no other alternative, except to book flight tickets of another airline otherwise they would have missed the connecting flight. The stand taken by the Opposite Party No.2 is that it being booking agent/booking agency of the Opposite Party No.1 Airline had booked the tickets on behalf of the Complainants. The lapse, if any, was on the part of the Opposite Party No.1, who preponed the flight and did not accommodate the Complainants when requested. 

 

7.      In the present case, the averments of the complaints have gone unrebutted in the absence of the Opposite Party No.1 (Air Asia) who was duly served and preferred neither to appear in person, nor through its Counsel. It is established beyond all reasonable doubt that the complaint of the Complainants is genuine. The harassment suffered by the Complainants is also writ large. Thus, finding a definite deficiency in service on the part of the Opposite Party No.1, we have no other alternative, but to allow the present complaint against it.

 

8.      In the light of above observations, the present complaint succeeds against the Opposite Party No.1 alone. The same is allowed qua it. We direct the Opposite Party No.1, as under:- 

[a]  To refund Rs.3,790/- being the amount of air fare to each of the Complainants;

 

[b]  Pay Rs.10,000/- on account of deficiency in service and causing mental and physical harassment to the Complainant; 

 

[c] Pay Rs.7,000/- towards costs of litigation;

          The Complaint against Opposite Party No.2 is dismissed.

 

9.      This order shall be complied within 30 days of its receipt by the Opposite Party No.1; thereafter, it shall be liable for an interest @12% p.a. on the amount mentioned in sub-paras [a] & [b] above from the date of institution of this complaint, till it is paid, besides complying with the directions as in sub-para [c] above.     

 

10.      The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

 

Announced

20^th December,2016                                                 Sd/-

(S.K. SARDANA)

       PRESIDING MEMBER

 

Sd/-

(RAVINDER SINGH)                                                                                                      MEMBER

“Dutt”